Senator Grassley. (file photo from Senate Budget Committee hearing)
Senator Chuck Grassley says he’ll urge the U.S. Senate to respond if the U.S. Supreme Court sides with pharmacy operators rather than two whistleblowers.
In 1986, Grassley led Senate passage of an update of the False Claims Act. It lets whistleblowers who allege a person or company is defrauding the government sue for damages for themselves and the government.
“At the time I didn’t know it was going to be the big fight against the fraudulent taking of taxpayers’ money like it has turned out to be,” but every year it brings in about $3-4 billion and the Justice Department announces that.”
At issue now are two whistleblowers who sued, alleging Safeway and SuperValu pharmacies overcharged Medicaid and Medicare for prescription drugs. The U.S. Supreme Court heard oral arguments on the companies’ appeal last month. The companies argue they did not “knowingly” overcharge the government programs. “And so I filed a brief saying to the Supreme Court exactly what we intended in 1986,” Grassley says, “and, in fact, Justice Sotomayor referred specifically to ‘Senator Grassley’ and ‘Senator Grassley ought to know what he’s talking about because he wrote the legislation.'”
Grassley says he hopes the court rules in favor of his view, but if it doesn’t, he’ll prepare legislation. “More or less just say to the judges and the justices: ‘How come you can’t figure out what we meant to do? But we’re going to prove to you what we meant to d by passing legislation that overturns your court cases,'” Grassley says.
Grassley is the top ranking Republican on the Senate Judiciary Committee.